Margaret A. DeSimone, Esq.

Quarterbacked the sale of a power generation company whose assets included a cogeneration facility. This transaction involved multiple easements and complex service agreements. The deal also involved the successful conversion of the existing Qualifying Facility status to Wholesale Generator status for the new owner.

Represented multiple large companies (public and private) with their lease transactions across the United States.

Counseled a Petroleum Marketer through a complex property remediation project that also involved the successful resolution of environmental concerns and third-party claims. In this situation, her client’s alleged release from an underground storage system and releases from other third-party sources resulted in low level impact to over a hundred homeowner potable wells.  The process included public meetings, negotiation of a consent order with a regulatory agency, treatment of homeowner potable water and a new source of public water to the vicinity.

Led acquisition team in the purchase of a substation and associated real property at client’s plant where client and a neighboring parcel owner received electricity from the same substation. Elements of the deal required purchase of the substation asset, negotiation with regulatory agencies, alternate sources of electricity, and other associated service agreements between the parties. The deal allowed for synergies between the two businesses to be realized while averting potential regulatory concerns for both parties.

Represented a client in the purchase of a portion of a former industrial facility in New Jersey that the client intended to develop as a townhome community which required Industrial Site Recovery Act (ISRA) and other regulatory analysis, review of existing environmental conditions, and development of a strategy to comply with the applicable laws and regulations. Elements of the transaction included analysis of the client’s potential post-closing exposure for certain remediation and construction costs under applicable laws and regulations and existing agreements, and effectively utilizing environmental insurance to fund any potential but unexpected remediation obligations of its client.

Represented client in complex contract negotiations with a distributor of beverages, cigarettes, candy, proprietary products and majority of other convenience store goods for delivery of products to all co-op and franchise locations along the East Coast. The contract took into account client concerns such as pricing, timing of deliveries v. store staffing, keeping top selling products in inventory, safety, and delivery of fresh foods as well as other key performance indicators important to the client.

Represented client in contract negotiations of private label card and fleet card arrangements with banking institutions where the result was a successful credit card offering to all of client’s consumer customers as well as fleet customers, with competitive rates and cardholder advantages in relation to competitor credit card offerings.

Represented a petroleum marketer in the negotiation and resolution of various matters where notices of violation were issued by state regulatory agencies, with the resolution inclusive of remedying any alleged non-compliance, reaching common understanding between the client and agency on expected conduct going forward, and a reduction in penalties.

Negotiated on behalf of client in numerous cost recovery actions brought by state spill fund, wherein the parties were able to achieve a reasonable allocation of costs while maintaining a good working relationship with the state agencies.

Represented client in regulatory agency criminal investigation related to alleged NPDES violations, where the result included no criminal charges against the employer or employees and a negotiated civil penalty and consent order.